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(영문) 의정부지방법원 2014.12.19 2014노2346 (1)
폭력행위등처벌에관한법률위반(공동상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of this part of the facts charged, although the defendant was found to have inflicted injury on the victim R jointly with Gap and Q, there is an error of law by mistake of facts.

2. The court below found the defendant not guilty on the ground that this part of the facts charged falls under a case where there is no proof of crime, based on the evidence duly adopted and investigated by the court below concerning the violation of the Punishment of Violences, etc. Act (joint injury) against the defendant. In light of the records of this case and the reasoning of the judgment of the court below closely comparing the above, the court below's above judgment is acceptable, and it is judged that there was no error of misunderstanding of facts even after examining the grounds for appeal

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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